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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Daulat Ram – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail petition amid rape fir and custody. (Para 1 , 2 , 3) |
| 2. parties contend on trial delay and tampering fears. (Para 4 , 16) |
| 3. bail assessed prima facie without merits examination. (Para 5 , 6) |
| 4. accusation doubtful; witnesses, family unsupportive. (Para 7) |
| 5. prolonged detention violates article 21 liberty. (Para 8 , 9 , 10 , 11) |
| 6. no antecedents, tampering risk; undertaking suffices. (Para 12 , 13 , 14 , 15) |
| 7. bail granted with conditions ensuring compliance. (Para 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
Ranjan Sharma, Judge
Bail petitioner, Daulat Ram, who is in custody since 29.03.2024, has come up before this Court, seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as 'BNSS'], originating from FIR No.15 of 2024, dated 24.03.2024, under Sections 376 (2) (b) (f) (l) and Section 506 of the Indian Penal Code registered at Police Station Sangrah, District Sirmour, [HP].
FACTUAL MATRIX IN INSTANT BAIL PETITION:
2. Case set up by Learned Senior Counsel is that the bail petitioner has been falsely implicated and he has no connection with the alleged offence. It is averred that an FIR No.15 of 2024, dated 24.03.2024
Prolonged custody over 1.5 years in sexual offence case with doubtful prima facie evidence, non-supportive key witnesses, and delayed trial entitles bail under Article 21 as rule, subject to stringen....
Bail granted in sexual assault case due to prolonged custody over 19 months, doubtful prima facie case with hostile key witnesses, trial delay, no antecedents, and Article 21 protections, with string....
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
Bail is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
Bail is a rule and jail is an exception; personal liberty under Article 21 cannot be curtailed without substantial evidence, especially in cases of prolonged detention without trial.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Bail is a rule, and denial of bail without sufficient grounds infringes personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Bail is a rule and jail is an exception; prolonged detention without trial infringes personal liberty under Article 21.
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